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STATE v. STALEY

C93-02-31280; CA A81943.

923 P.2d 650 (1996)

142 Or. App. 583

STATE of Oregon, Appellant, v. Kenneth STALEY, Respondent.

Court of Appeals of Oregon.

Decided August 21, 1996.

Attorney(s) appearing for the Case

Janie M. Burcart, Assistant Attorney General, argued the cause for appellant. On the briefs were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Janet A. Klapstein, Assistant Attorney General.

Jesse Wm. Barton, Deputy Public Defender, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.

Before WARREN, P.J., and LEESON and ARMSTRONG, JJ.

ARMSTRONG, Judge.

Defendant is charged with 13 counts of sexual abuse in the third degree allegedly committed against five minor victims. The state appeals from the trial court's pretrial order suppressing evidence; defendant cross-assigns error to the trial court's decision not to sever the cases for separate trials. We determine that defendant's cross-assignment is not properly before us and we reverse and remand on the state's appeal.

Defendant was a drama...

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